he gave me a verbal warning then said his dog hit on my truck which i did not consent to but i know he did not call us in cause my plates were 2 months expired not to mention when he ran mine and my wifes license he said we were clear in michigan not knowing my wife had a wisconsin dl. an empty... Read more »
You need a criminal defense attorney now. These situations are fact dependent. It sounds like there was a valid stop. An attorney might want to know how long you were stopped before the dog came out. And there are some interesting cases regarding what can happen when a dog "hits" on a...Read more »
No. That statute applies to school personnel and what can be done to students within the school. School officials have an obligation to follow applicable laws. The mask mandate comes from county health departments. School officials must follow those orders, and they would be acting under color of...Read more »
is in the same state as the threatener? Is this because Congress has the power to regulate interstate commerce and make laws pertaining to the foregoing power and phones and the internet are considered to be interstate commerce?
authority to pass criminal laws when crimes happen on federal territory, on the high seas, relating to piracy, and in the military. Most say Congress can make criminal and civil laws using Clause 3 of Article I Section 8 of the Constitution (regulating interstate commerce), but isn't the... Read more »
Good questions. Federal crimes are connected to interstate commerce. Commonly, federal criminal cases involve multiple defendants in multiple states. Guns used in crime came from somewhere, and usually not from the state where the crime occurred. For example, a gun may have been stolen from someone...Read more »
to Ohio and kills the person they have beef with. Is that considered federal felony murder because they crossed state lines to kill a person in another state? Will the murderer be charged with federal murder, Michigan state murder, and Ohio state murder? Also, are the US Codes all the laws... Read more »
Not necessarily. Federal criminal law is concerned with interstate commerce. Under your fact scenario, the person would be charged with murder in the state the murder happened: Ohio. Note that Ohio has the death penalty, unlike Michigan.
Your question is heavily fact-dependent. How and what was the police officer searching? What was the basis for a wellness check? Regardless, cops don't need to ignore things then in the open. For example, there would be no impermissible search required for the police to arrest someone when...Read more »
With modern technology, it's rare to see a paper arrest warrant. Police can arrest you for misdemeanors committed in their presence, or felonies upon information - there is no distinction between violent or non-violent. Search warrants are a different story.
I received a civil infraction bt the DNR (Department of Natural Resources) in a state park. The Civil infraction is R299.922(q). I am trying to understand the penalties that come with this CI as the ranger said it was just a fine but I want to make sure it doesn't show up on my driving record... Read more »
A Michigan attorney could advise best, but your post remains open for a month. As a general matter, each state might operate differently in terms of what their Departments of Natural Resources (or Environmental Protection, Wildlife, Fisheries, etc.) share with their Departments of Motor Vehicles....Read more »
And I spun around and the knife stabbed me but when police arrived at the house I stated that I fell down the steps and now they are pretty much making me testify against her which I don't wish to do cause it could land me in jail also I need an attorney to represent me in this matter so I can... Read more »
You must appear as ordered by the subpoena. "Pleading the fifth" is a lot more complex than most people realize, and it's absolutely not the case where you can just go into a courtroom, say you're pleading the fifth, and just walk out while everyone shrugs their shoulders. If it...Read more »
the public defender just keeps taking the refusal for bond reduction. has yet to provide any type of paperwork regarding the case period. he says its due to being a flight risk. however, i beg to differ.. if it was for that reason isnt the judge supposed to offer the least restrictive means for... Read more »
There is little "science" to setting bonds. In some jurisdictions, initial bond is based on a "pre-bond" report. Unless you can show something substantial that was not contemplated by that report, bond will likely continue as-is.
I understand we are in a pandemic, my son has a fairly severe mental handicap, I feel it should be illegal to force me to attempt to homeschool him against my will and without compensation especially when I have absolutely no skill/ability in doing so.
Interesting take. While understandably a hardship, I don't think "forced servitude" covers taking care of your own children. Interestingly, there is no constitutional right to public schools as we know them; if they ceased to exist, all parents would be "forced" into servitude.
Interesting scenario...I'm not sure how such a suit would play out. Generally, claims of religious discrimination requires you to substantiate that what you are saying is an established component of your religion, and that you are a devoted member of that faith group. That is commonly done in...Read more »
What do you mean by not having a right to a speedy trial? Delays in getting to trial can be attributed to the prosecution OR the defense, and unless you happened to be a MDOC prisoner at the time, there is no absolute right to have a trial within a certain period of time. What speedy trial does in...Read more »
Boyfriend was charged with assault to great bodily harm Less then death or strangulation. 2 count of domestic violence, and interfering with communication causing harm or death. I don’t want him to go to prison. I don’t want to go to jail if or when I get subpoenaed for not testifying against... Read more »
Psilocybin (aka mushrooms) is considered a Schedule 1 controlled substance and so is illegal. There is no religious exception. If you are caught, you could be criminally charged with use or possession of a controlled substance.
I'm involved in a case where a federal judge talked to plaintiff counsel in private during a hearing and never spoke to myself. I represent myself in the case. This infraction happened twice and after these meeting motions was granted against me. I have on record of last hearing where Judge... Read more »
No real answer here other than to say you really should be consulting with an attorney versed in federal court procedure, and at least consult with an attorney about helping you draft an appeal. It is unclear from your question how the judge spoke with plaintiff's counsel ex parte; it almost...Read more »
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